Esther Perreira, a PNC supporter, filed an election petition in 1998, challenging the validity of the 1997 elections on several grounds, one of which was that the elections were unlawfully conducted. It was argued that the provision made in Election Laws (Amendment) Act 1997, which was supported unanimously in the National Assembly, that a voter must produce a voter identification card to be able to vote, was unconstitutional because it added a qualification to vote which was not countenanced by the constitution.
On 16 January 2001 Justice Claudette Singh (as she then was), now Chair of the Elections Commission, ruled that the requirement for a voter identification card was ultra vires articles 59 and 159 of the Constitution and, therefore, the elections were null and void. Justice Singh said: “…the constitutional right to vote would be denied to any person who did not produce such a card.” Justice Singh further noted that “with the introduction of the voter identification card, a person may be registered and still not be entitled to vote.”
On 26 September, 2019, Justice Claudette Singh, Chair of the Elections Commission, signed Order No. 70 of 2019, made under the National Registration Act pursuant to the powers conferred by sections 6(1)(a), 6(A), 13, 14 and 15 of the National Registration Act. The objective of the Order was to provide for what has become known as Claims and Objections. The Order is peculiarly named The National Registration (Residents) Order and not, as would have been expected, “The National Registration (Claims and Objections) Order.” The naming of the Order unwittingly exposes its nefarious objective – to undo the decision of the Chief Justice that non-residents cannot be taken off the List.
“Claims and Objections” are provided for by section 15 of the National Registration Act. But it is not defined. However, GECOM’s Manual of Instructions does at page 10. It states: “Revision of List of Electors: Claims and Objections: The Claims and Objections exercise within the Continuous Registration process will be conducted at the registration offices and sub-offices for a specified period of time. The exercise provides eligible electors, who did not register, the opportunity to gain entry to the list of electors or to update their particulars (transfers and changes). It also provides the opportunity for objections to particulars in the Preliminary List of Electors (PLE)….”
APNU+AFC was shell-shocked after inviting the PPP/C Opposition to “bring it on,” that is, the no confidence motion. ‘Bassady’ by the head blow of the Charrandass Persaud’s supportive vote of the NCM, they unsteadily promised to comply with the Constitution and hold elections in three months. Then reality stepped in. Somebody discovered the fiction that the human body of a parliamentarian could not be divided in half and that the majority of 65 was really 34. Most Guyanese would have disagreed with the notion that a parliamentarian would not be willing to have his/her body divided in half. We are all aware of the patriotic displays by parliamentarians on both sides of the House during Sittings. Quite often the Speaker has to intervene in exasperation to quell raucous nationalistic fervor. As it turned out, the sacrifice was unnecessary as history repeated itself. From Mustique in 1985, to Herdmanston in 1998, to the CCJ in 2019, Caricom and its agencies have consistently rescued the PNC/PNCR/APNU, or enabled it to rescue itself. And the international community’s fit of conscience about Guyana in the early 1990s has clearly not survived.
There is no mystery about article 106 of the Constitution. In 1999-2000 the PPP/C appeared to be firmly ensconced in office. The traffic of MPs across the floor had historically been only one way, from the PPP to the PNC. With this in mind, supporters of the then Opposition PNCR and their allies felt that if they were able to encourage that traffic to continue, and they were able to acquire the support of a majority of the members of the National Assembly, the PPP/C Government might not have been willing to observe the convention and resign on a successful no confidence motion or decisive defeat. Hence article 106. The provision requiring the Cabinet to resign was obviously inserted to enforce the caretaker status after a no confidence vote. PPP/C Governments had refused to recognize the existence of such a convention, hence its enshrinement.
It takes a certain mindset for a person to believe that he or she has the right to determine what information, otherwise lawful, that the citizens of Guyana should receive. Inculcated among some media practitioners and political operatives during the 1970s and 1980s, and pursued with vigour and venom between 2001 and 2015, this mindset is clearly alive and well in Guyana. State-owned media has long been seen as a party asset to be utilized for the benefit of the Government and Party in office.
Given the opportunity to reject censorship, the Guyana Chronicle did the opposite. In justifying its failure to publish its own columnist, Dr. David Hinds, because it did not agree with the views he expressed on two occasions, it embarked on a paean to censorship in its editorial of April 20 entitled “The state newspaper.” It reiterated an earlier statement that “this newspaper is an arm of the state and will give primacy to the government’s agenda.” How is this different to the policy of the Chronicle during the eras mentioned above? The Chronicle is not an arm of the State. The State is merely a trustee of its owners who are the people of Guyana. I am a part owner of the Chronicle.